SRC-TAG C.S.S.B. 515 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 515
By: Hinojosa
Criminal Justice
5/14/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Current law requires corroborating evidence for the testimony of a
confidential informant (CI) to obtain a conviction under Texas' Controlled
Substances Act, but does not require the corroboration of a  peace
officer's testimony.  Moreover, in 2001, 180 drug cases from undercover
stings were dismissed because officers' testimonies were uncorroborated
and the officers were discredited or unavailable at the trials.  C.S.S.B.
515 prohibits a person from being convicted under the Texas Controlled
Substances Act on the uncorroborated testimony of a law enforcement
officer unless the judge instructs the jury that it should not convict
unless it believes the unsupported testimony beyond a reasonable doubt. 
 
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article  38.141, Code of Criminal Procedure, as follows:

Art. 38.141.   New heading: TESTIMONY RELATING TO COVERT LAW ENFORCEMENT
ACTIVITY.  (a)   Deletes text relating to prohibiting conviction of an
offense under Chapter 481 (Texas Controlled Substances Act), Health and
Safety Code, based on the uncorroborated testimony of a person who is not
a licensed peace officer or special investigator. 

(b)  Makes no changes to this section.

(c)  Prohibits a defendant from being convicted of an offense under
Chapter 481, Health and Safety Code, on the testimony of a licensed peace
officer or a special investigator who is acting covertly on behalf of a
law enforcement agency or under the color of law enforcement unless the
judge instructs the jury that it should not convict the defendant on the
uncorroborated testimony of a single witness, even if that witness is a
peace officer, unless the jury believes the unsupported testimony beyond a
reasonable doubt. 

(d)  Defines "peace officer" and "special investigator."  Redesignated
from existing Subsection (c). 

SECTION 2.  Effective date:  September 1, 2003.   
                       Makes application of this Act prospective.